Texas DWI Laws
Explanation from a Houston DWI Defense Lawyer
If you have recently been arrested for driving while intoxicated in or
near Houston, it can be beneficial to familiarize yourself with what the
Texas Penal Code says about drunk driving.
Houston DWI Attorney Herman Martinez of The Martinez Law Firm can provide you with some valuable
insight when it comes to explaining the Texas drunk driving statutes as
well as creatively applying them to your case. If you've been arrested,
you have the right to representation. This firm can use the law to your
advantage and defend you against the many penalties that could follow
a DWI conviction. Call the firm today if you are facing a violation of
any one of the following statutes.
Texas Open Container Law: § 49.031
According to this statute, it is illegal to possess an open container of
alcohol in the passenger area of the motor vehicle. This includes possessing
a bottle, can or any other type of receptacle if the seal is broken in
areas of the vehicle such as the glove compartment, truck, etc. A person
can be pulled over and arrested for violating this statute if they were
traveling on a public highway. This is a Class C misdemeanor.
Texas Driving While Intoxicated Law: § 49.04
According to the Texas Penal Code:
(a) A person commits an offense if the person is intoxicated while operating
a motor vehicle in a public place. (b) Except as provided by Subsections
(c) and (d) and Section 49.09, an offense under this section is a Class
B misdemeanor, with a minimum term of confinement of 72 hours. (c) If
it is shown on the trial of an offense under this section that at the
time of the offense the person operating the motor vehicle had an open
container of alcohol in the person's immediate possession, the offense
is a Class B misdemeanor, with a minimum term of confinement of six days.
(d) If it is shown on the trial of an offense under this section that
an analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time the
analysis was performed, the offense is a Class A misdemeanor.
Texas DWI With Child Passenger Law: § 49.045
In the state of Texas, it is illegal to drive under the influence of alcohol
and it is counted as an additional offense if there was a child passenger.
This statute defines "child passenger" as anyone under the age
of 15. This type of offense will be charged as a state jail felony.
Texas Boating While Intoxicated Law: § 49.06
It is illegal not only to operate a motor vehicle while under the influence
of alcohol, but it is also illegal to operate a boat or other type of
watercraft while under the influence. This is charged as a Class B misdemeanor.
Texas Intoxication Assault Law: § 49.07
In Texas, it is against the law to operate a motor vehicle while intoxicated
and cause the injury of another person. This can be charged as a crime
whether or not the assault was intentional.
Intoxication assault can be charged when "serious bodily injury" has occurred, meaning
that the victim faced a serious risk of death or the injuries caused permanent
Texas Intoxication Manslaughter Law: § 49.08
According to this statute, it is a second degree felony to drive under
the influence of alcohol and cause the death of another individual. This is
intoxication manslaughter, often referred to as vehicular manslaughter.
Why contact a Houston DWI attorney for your case?
If you have been arrested for driving while intoxicated, then you need
to hire an attorney who has a firm grasp of the Texas statutes. The Martinez
Law Firm is not only extremely familiar with the DWI statutes in Texas,
but also familiar with the Texas Courts, specifically, the Harris County
courts. Our firm can use the statutes for your defense. If you've
been arrested for DWI, whether a felony or a misdemeanor, you have the
right to legal representation, and not just any legal representation.
You can have access to one of the most skilled and effective Houston DWI
lawyers by contacting this firm. Don't wait!
free case evaluation by calling The Martinez Law Firm today.